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CC Resolution No. 5714 ~ ~ t • , - RESOLUTION N0. 5714 A RESOLU'PION OF THE CITY COUNCIG oF T11I: CITY OF CUPERTINO ; AUTNORIZING L•"X6CUTION OF AGREP.~iGNT BETIJEGN TIiE CiTY OF ~ SAN JOSE AND THE CITY OF CUPERTINO FOR Sl1ARItIG OF COSTS ~ FOR P10DIFICATION OF TftAFFIC SIG~JALS AT 13LANGY AVENUE/BOL- ! LINCBR ROAD AND MILLER AVENUE/BOLLINGE2 ROAD ' WHGREAS, traffic at the in[ersections of Bollinger Road with Blaney ' Avenue and Miller Avenue is presently controlled by signals on all approaches; and WIIERPr1S, tra[fic signal warrants for modification of these intersections 1re now satisfied; and tJIIERGAS, the City of San Jose anJ tlie City of Cupertino do mutually I desire, under a Joint powers agreement, to cooper~te and jointly participate in the modifica[ion of the traffic signal systems ~nd safety light; and I IJHF.REAS, the proposed agreement presen[ed to thc Ci[y Council outlines the terms and conditions under which the proJect wLll be administeced; and said agreement having been approved by the Director of Public Works and [he City Attorney; NbW, THF.RGFORG, Uf IT RFSOI.VED that the ~tayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of , the City of CapertLno. PASStiD AtiU ADOPTF.D at a regular meeting of the Clty Council of the City of Cuper[ino [his 8th duy of Seotember , 1981 by the followins vote: Vote Members of the City Council AYGS: Johnson, F'lungy, Rogers, Sparks NOGS: None ABSENT: Gatto ABSTAIN: None ATTEST: APPROVE~ . ~ ~ r City Clerk Mayor, Ci Cupertino ,~f It:iJ;`C: jta . ~ , 7/3U/81 ~ AC;REErtEfdT BEIl~1F.~~1 47~: CITY OF SAN JOSE AIdD THE CITY OF Q1PF.R'1'INO FOR SHARIt]G OF C0~ FOR MODIFICATIOPI OF TftAFFIC SIGIJALS AT BLAtdEY AVEtdUE/BOLLINGER XO/1D AND MILL~.R AVENUE/BOLLINGIIt ROAD ~ This AGIi~I~IENP, made and entered this this day of , 1981, Dy and between the CiTy of San Jose, a municipal corporatian of the State of Califorriia, hereinafter referrecl to as "San Jose", and the City of QiperC,ina, a mtuiicipal corporation of the State of California, heminafter referred to as "Ct~pertino". W I T N E S~ E T H 4h~:R£AS, traffic at the intersection of Bolli.n~er Road with Bliney Avenu~ and Miller Avenue is presently cantmlled by sip~als on all apprrk~c}~c::; aiid W~~RF'~AS, traffic sipial warrants for rc~dification of these intersections are now satisfied; and Wi~.TtF'AS, San Jose and CLpertino do mutually desire, under this joir~t ~wr:rs agreer~~ent, to cooperate and jointly Participate in tredification of the tr~affic si~al systems and safety lighting, all of which shall be hereinafter referred to as "said improvements", and desire to specify herein the terms and conditions under which said improvenrnts are to be desigied, canstructed as~d financ~d; NOW, Tfif'.REFORE, in consideration of the covenants and conditions herein crontained, the parties hereto agrne as follows: SECTION I SAN JOSE AGFtEES: 1. To prepare plans and specifications for said improvements, suLmit thE ' same to Cupertino for review, make rnrrections thereto requested by Cupertino as may be necessary for pisposes of this agreement, and not to proceed with adver- tisei~nt for constructi~ until such plans and specifications have been appmved by Qtpertino. 2. To furni.sh and install the improvert~ents hereinbefare mentioned, through constzuctian by contract with construction contractor licensed by the State of California, said c.nrk to be campleted in confornuty with the plans and specifi- cations referred to hereinabove. r-:_ i * -1.~ ~ ,11.{j ~J ~~`!'..i ~ ~ M~ . _ _ ~ ~ 3: To bill Llipertino, within t}urty (30) days after ~an Jose advertises for bids for said improvements, a sum equal to Cupertino's proportionate shar~e of estimated construction costs as defined in Section IZI, Article 6, of this agreement. 4. Within thirty (30) days after construction of said improvements and comgletion of all w~rk incidental Yhereto, to furnish Cupertino a detailed stateirent of casts to be borne by CuQertino and to refund to Cupertino any atrount of Cupertino's advance deposit, provided for in Section II, Article l, rnrnaining after actual costs to be borne by Cupertino have been deducted. SECfIOPt SI CUPERTItJO AGKf~:S: 1. To pay San Jose within thirty t30) days of receipt of bi.lli.n~; therefor <wkuch billing will tx forwarded imi~ediately following Sat~ 3ose's bid adver~ti:~in~; date of a construction contract for the afornsaid improvemE:nts), the armunt of Plinety-T1u~ee T7ausand (593,00~.00), which figure represents the estirnated cost to C~pertano for Cupertino's share af ,aid improvernents. 'I'he actual an~unt of Cupertino's share will be deter~rined after com~,letion of work ar~d will t~ fifty (50$) percent of the oost of said improvcments. 2. To pay San Jose promptly upon receipt of billing themfot~, any ano~uit over and above aforesaid paytnent, which rr~y be required to rnmplete Cupertino's futancial obligation pursuant to this agreernent. In no event shaii Cupertino's total pa}nnent exceed the armunt of One Hundred Thousand Lbllars (5100,000.00) unless provided for in a suDsequent agreement. SECTION III IT IS MUT[U~,LLY UTJPIItST'OOD flClD AG[i~ll: , 1. In the exercise of this joi.nt pow~rs agz~eement, San Jose shall be the ac~rtinistering ageney and as sueh shall possess all powers ecnman to both ~an Jo~e and Cuperti~ which may be necessary to effectuate the gurpose of tlus a~mer~rt , subjeet only to the manner of exercise of such pow~rs provided herein and the restrictions impo5ed by laW upon San Jose in tt~ exercise of such powers. 2. That neither 5an Jose, nor any officer or employee themof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by Cl~pertino uzxler or in connection with any work, authority or juris- diction delegated to Cupertino imder this agreerrent. It is also understood and (2? , ~ ~ ~ ~agreed_that, pursoant to Government Code Section 895.a, Cupertino shatl Fully idemnify and hold San Jose harmless from any liability imposed for injury (as defined by Government Code Section 810.8j occurring by reason of anything done or omitted ta be done by Cupertino under or in connection with any work, authority or jurisdiction delegated to San Jose under this agreement. 3. That neither Cupertino nor any officer or emp7oyee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by San Jose under or in connection with any work, authority or jurisdiction not delegated to San Jose under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, San Jose shall fully indemnify and hold Cupertino harmless from any tiability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by 5an Jose under or in connection with any work, authority or jurisdiction not delegated to Cupertino under this agreement. 4. TERMINATION. This agreement shail terminate on December 3], 1982, if San Jose has not awarded a contract for construction of said improvements prior to that date. In the event of such a termination, San Jose shall refund to Cupertino all sums advanced pursuant to Section II, Article I. except that San ~ose's accrued construction costs, if any, shall be deducted from such sum to be refunded to Cupertino according to the respective sharing of costs as provided in Section Il, Article 1. 5. That "Gonstruction Costs" shall be defined as the sum total of all con- struCtion costs and expenditures made by San Jose in connection with said improve- ments including, but not limited to, engineering costs and expenses> costs and expenses of preparation of plans and specifications, tosts and expenses for inspection, publication, advertising and printing, cost of traffic signal control equipment. and the cost of the construction cantract to be awarded by San Jose. fi. 7hat said improvements shall, upon completion> become subject to the terms and conditions of the existing agreement entitled "Agreement 8etween the City of San Jose and the City of Cupertino for the Maintenance of Traffic Signals Under Joint Jurisdiction", dated August 29, 1979. ~ (3) I • • I~J Wi7T~'.S; @7Iff:RF.OF, the parties hereto have caused this aE~eur?_nt to be ~ . . executed by their respective officers, duly authorized, the ~ovisions of which agre~ment are effective as of the date, month and year first hereinabove written. APPROVID AS TO FORM: CITY OF SAN JOSE, a municipal corpon3tion . ~ ` ~ By pu y City A orney tlayor ATTESI': City Clerk APPROVID AS TO FORM: CITY OF CUPEKTINO, a municipal ~ coc~oration C.~ ~ l~ ' ~ B Y City Attorn y hlayor ATTf:ST: ity Clerk _y _